SIDHESHWAR SINGH Vs. STATE OF JHARKH

JUDGEMENT

(1.) Heard Mr. Mahesh Tewari, learned counsel for the petitioner and Mr. Ram Prakash Singh, learned A.P.P. for the State. No one appears on behalf of the opposite party No. 2.

(2.) This application is directed against the judgment dated 31.05.2002 passed by the learned Additional Sessions Judge, IXth, Dhanbad in Cri. Appeal No. 42 of 2001, whereby and whereunder the judgment and order of conviction and sentence passed in C.P. Case No. 832 of 1999, corresponding to Trial No. 1104 of 2001 by the learned Judicial Magistrate, 1st Class, Dhanbad convicting the petitioner for the offence punishable u/S. 138 of the Negotiable Instruments Act and sentencing him to Simple Imprisonment for six months and a fine of Rs. 5000/- has been affirmed.

(3.) It has been submitted by the learned counsel for the petitioner that the evidence of the complainant witnesses are contradictory to each other which fact has not been properly appreciated by the learned courts below. It has been submitted that no books of account were brought on record by the complainant in which the loan was entered. It has further been submitted that the loan in question which was given in his income tax return has not been produced. Learned counsel further submits that no case u/S. 138 of the Negotiable Instruments Act is made out against the petitioner.